Labour Law

Labor law is a branch of private law that regulates the relationship between employee and employer, directly influencing working life. It covers a broad range of legal matters, including employment contract disputes, termination procedures, severance and notice pay, overtime claims, annual leave payments, reinstatement lawsuits, and workplace accidents. Labor law plays a vital role in protecting the rights and clarifying the obligations of both employees and employers.

Labor disputes are generally heard in labor courts. However, if a labor court does not exist in the relevant jurisdiction, civil courts of first instance act in that capacity. In most cases, labor lawsuits must go through mandatory mediation before being brought to court.

What Is the Legal Basis of Labor Law?

• Constitution of the Republic of Turkey
• Labor Law No. 4857
• Provisions still in effect from the repealed Labor Law No. 1475
• Turkish Code of Obligations (No. 6098)
• Turkish Civil Code (No. 4721)
• Minimum Wage Regulation
• Working Hours Regulation
• Public Holiday, Overtime, Leave, Wage, and other related regulations

Common Types of Labor Disputes

• Severance pay claims
• Notice pay claims
• Overtime wage claims
• Public holiday and national day wage claims
• Annual leave payment claims
• Labor receivable claims
• Reinstatement lawsuits
• Service determination cases
• Compensation claims due to work accidents
• Occupational disease-related lawsuits

Who Is Considered an Employee?

Under labor law, the definition of an "employee" is not limited to physical labor. Anyone who works under an employment contract, under subordination, and for a wage is considered an employee. This includes white-collar workers, salaried doctors, lawyers, and engineers.

To qualify as an employee under Labor Law:

1. There must be a valid employment contract,
2. The work must be performed under the employer’s authority,
3. The work must be performed in exchange for remuneration.

What Is a Labor Lawyer?

Although the legal system does not formally recognize the titles "employee lawyer" or "employer lawyer," attorneys who concentrate on labor law are commonly referred to as such. A labor lawyer may represent both employees and employers in disputes arising from employment relationships.

Employee-side lawyers assist clients with severance and notice claims, overtime payments, reinstatement lawsuits, and more.

What Is an Employer Lawyer?

Acting as legal counsel for employers, these lawyers provide services in:

• Ensuring compliance in hiring and dismissal procedures
• Drafting internal employment policies and contracts
• Managing legal risks
• Representing the employer in disputes and lawsuits

What Is Mandatory Mediation in Labor Law?

Before filing a lawsuit in labor law disputes, mandatory mediation is often required. The following matters are subject to mandatory mediation:

• Wage, severance, and compensation claims
• Reinstatement requests
• Claims arising from employment contracts

⚠️ Compensation claims related to occupational accidents or diseases are NOT subject to mandatory mediation.
Lawsuits filed without attempting mediation are dismissed for lack of procedural requirements.

How Long Do Labor Lawsuits Take?

The duration of labor lawsuits depends on several factors. The mediation phase usually takes about 3 weeks. If mediation fails, the case proceeds to court. First-instance trials typically last 1.5 to 2 years. If the case proceeds to appeal or cassation, the total process can extend to 4–5 years.

Attorney Fees and Legal Costs in Labor Disputes

Attorney fees in labor law are determined in accordance with the Minimum Attorney Fee Schedule published by the Union of Turkish Bar Associations and local bar associations.

In practice, a contingency fee (a percentage of the awarded amount) is often agreed upon—this cannot exceed 25% of the total recovery. Additionally, legal costs such as court fees, notification costs, and expert witness fees must also be considered.

How to Prevent Loss of Rights in Labor Law?

To protect one's legal rights, whether as an employee or employer, it is essential to be familiar with labor law regulations and court precedents. Missing deadlines, insufficient evidence, or filing the wrong type of case may lead to substantial loss of rights.

Therefore, obtaining legal support from an experienced labor lawyer is crucial for navigating the process lawfully and effectively.